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(영문) 광주지방법원 2018.09.12 2018고정728

대부업등의등록및금융이용자보호에관한법률위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and C have no special occupation, and they have past marital relations.

The Defendant did not register a loan business, without registering a loan business. On September 9, 2015, the Defendant was to borrow KRW 3 million from D to D for six months, and to receive interest at 6% per month. The Defendant deducted the aggregate of KRW 5,000,000 from C’s prior interest for three months and KRW 5,000,000 from 5,000,000,000,000 from April 2018, the Defendant was to pay KRW 2,410,00 as principal and interest for three months under the same condition. The Defendant deducted KRW 2,50,00 from C’s account (Account Number) under the pretext of principal and interest, transferred from C to D’s account (Account Number) to April 4, 2018, and was paid in excess of the interest rate under the attached Table No. 640,000,000.

Accordingly, the Defendant in collusion with C to run a lending business without registering the lending business, and the court was paid interest exceeding the autonomy of the law.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A detailed statement of deposit transactions (5,7) and a detailed statement of deposit transactions in a new bank (6,8) at a net time;

1. Application of Acts and subordinate statutes to investigation reports (verification of cash borrowing and submission of payment notes, etc.);

1. Article 19(1)1 and Article 3(1) of the Act on the Registration of Preliminary Loan Business, etc. for Criminal facts and the Protection of Financial Users; Article 30 of the Criminal Act; Article 19(2)3 and Article 11(1) of the Act on the Registration of Loan Business, etc. and Protection of Financial Users; Articles 19(2)3 and 11(1) of the Act on the Protection of Financial Users; Article 30 of the Criminal Act; Article 30 of the Criminal Act (the receipt of excess interest by the court);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act - With regard to the receipt of legal orders in excess of the autonomy.